Plaintiff Garibay has a spinal cord injury, cannot walk, and uses a wheelchair. Defendant Kaiser owns the real property on Pacific Coast Highway in Harbor City, California, where defendant Circle K operates the gas station that is the subject of the complaint.

Garibay says he went to the gas station in July, but there was no wheelchair accessible route from the boundary of the site to the accessible entrance, forcing him to dangerously travel in the vehicle drive path to gain access to the gas station.

Once he arrived at the gas station, he noted that card readers at the pumps and the control buttons for the transaction screen at the pumps are placed too high for someone in a wheelchair, the suit says.

In the restroom, the paper towel dispenser is too high and the plumbing under the sink is not wrapped to protect against burning contact, according to the suit.

Garibay seeks injunctive relief compelling defendants to comply with the Americans with Disabilities Act and the Unruh Civil Rights Act. He also seeks damages under the Unruh Civil Rights Act and legal costs.

The plaintiff is represented by Chris Carson of the Center for Disability Access in San Diego, California.